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3 Cards in this Set
- Front
- Back
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{Eminent Domain}
Constitutionality |
- Is it within the Police Powers?
Must be: - A public interest - Can't be arbitrary 1) rational basis test 2) Can't target specific people |
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{Eminent Domain}
Taking |
3 Categories + Balance test
1) Permenant physical occupation- Always a taking 2) Nuisance control - Never a taking (rule 3 may mean it has to be a common law nuisance) 3) If the gov takes ALL (100%) economic beneficial or productive: Taking Balance test: 1) Nature of government action 2) Economic impact on the claimant |
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{Eminent Domain}
Squish Test (Taking) |
Nature of Gov Impact
1) Public benefit 2) How many people it affects 3) Broadness Economic impact on claimant 1) Diminution in value 2) Investment backed expectations of claimant |
